BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 974 (Evans) - State parks: proposed closures.
          
          Amended: May 1, 2012            Policy Vote: NR&W 7-2
          Urgency: No                     Mandate: No
          Hearing Date: May 24, 2012      Consultant: Marie Liu
          
          SUSPENSE FILE.  AS PROPOSED TO BE AMENDED.
          
          
          Bill Summary: SB 974 would create a process for the Department 
          of Parks and Recreation (DPR) to review the impact of closed 
          parks, determine whether future parks should be closed, and plan 
          for the reopening of closed parks.

          Fiscal Impact: 
               One-time costs of approximately $250,000 and ongoing costs 
              of approximately $115,000 from the State Parks and 
              Recreation Fund (General Fund) beginning in 2013-14 to 
              develop a reopening plan for each closed park.
               One-time costs of approximately $1 million and 
              approximately $150,000 in ongoing costs from the State Parks 
              and Recreation Fund (General Fund) beginning in 2013-14 for 
              the development and annual update of the master re-opening 
              plan. 

          Background: California's state park system includes 278 park 
          units in 20 geographically-based districts. California's state 
          parks are in budgetary crisis. DPR has had to operate the state 
          park system on an increasingly thin budget. In the 2011-12 
          budget, the Legislature adopted and the Governor approved an $11 
          million reduction in General Fund support to DPR with an 
          additional reduction in 2012-13, for an ongoing annual General 
          Fund reduction of $22 million. These cuts culminate over two 
          decades of budget cuts to DPR. At the same time as DPR's budget 
          has been shrinking, demands on the system have been increasing 
          due to new state park lands, a growing population, and an 
          increase in park visitation. These pressures have compounded 
          into a deferred maintenance backlog of over $1.3 billion, 
          reduced hours of operation and services at parks throughout the 
          system, and DPR's proposal to close up to 70 park units 
          beginning in July 2012. 









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          AB 95 (Committee on Budget) Chapter 2/2011, established criteria 
          by which DPR must follow to determine which parks should be 
          closed. The criteria includes the park's relative statewide 
          significance, annual visitation numbers, expected net savings 
          from closure, physical feasibility of closure, deed 
          restrictions, potential for partnerships to support the park, 
          and significant infrastructure deficiencies.

          Proposed Law: This bill would require DPR to:
               By July 1, 2013, conduct a review of the parks closed or 
              proposed to be closed on July 1, 2012 that includes an 
              examination of how that park was chosen for closure, the 
              impact of that closure on the local economy, whether the 
              closure required action under the California Environmental 
              Quality Act (CEQA), and how much the closure itself cost. 
               By July 1, 2013, and annually thereafter, conduct the same 
              review for any park that may be considered for closure in 
              the future.
               Prepare a report to be posted on the DPR website that 
              explains the basis for choosing which parks to close. DPR 
              would be required to hold a public comment period for 30 
              days after the release of this information and to respond, 
              in writing and on the website, to all comments received 
              within 60 days of the end of the comment period.
               By July 1, 2013, for each closed park, prepare a plan for 
              reopening of that unit that includes a description of 
              required work necessary to reopen the park and the needs of 
              the reopened park. This plan shall be updated annually if 
              needed.
               By January 1, 2014, and annually thereafter, submit to the 
              Legislature a master parks reopening plan that determines 
              the process for reopening a closed park including criteria 
              to prioritize which parks should be opened first. 

          Related Legislation: SB 1078 (Evans) currently on the Senate 
          Appropriations Suspense File; AB 1589 (Huffman), currently in 
          the Asm. Committee on Revenue and Taxation; Governor proposed 
          trailer bill for FY 2012-13.

          Staff Comments: There has been considerable public concern 
          regarding DPR's proposal to close up to 70 parks as a result of 
          a long history of budget cuts to the state park system. The 
          report that examines the impacts of park closures has the 
          potential to address some of the public concerns by providing 








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          retrospective transparency to the closure process. However, this 
          transparency will require significant amounts of work and 
          expense for a department with little, if any, extra resources 
          for the new work required in this bill. Some of the analysis 
          required for the reports regarding the impacts and rational for 
          closures have already been completed by DPR in determining the 
          closure lists, but other required elements, specifically 
          regarding impacts to local economies and formal actions under 
          CEQA, have not been done. According to DPR, they do not have the 
          in-house expertise to evaluate the impact of park closures on 
          local economies and will thus have to contract out this 
          assessment at an approximate cost of $50,000 per unit for each 
          of the 70 parks proposed for closure. DPR would also be required 
          to hold at least two public meetings to gather public comment 
          for this report at a minimum cost of $20,000 for a total cost of 
          at least $3.5 million. Staff notes that the Department has 
          determined that CEQA does not apply to closing a park. This bill 
          seems to require DPR to conduct a CEQA process regardless, if 
          that is the case, this bill could have an additional cost in the 
          millions to tens of millions of dollars. 

          This bill would also require DPR to publically release a report 
          explaining the basis for choosing which parks are to be closed 
          by July 1, 2012. This information has already been compiled for 
          a request by the Budget Committee. However, this bill would 
          require DWR to collect public comment on this information and 
          respond to each comment in writing and on the website, which has 
          not yet been done. This response would likely cost DPR at least 
          $50,000.


          This bill would require DPR conduct a closure impact analysis 
          for any future park proposed for closure. As there are no 
          additional parks proposed for closure at this time, this 
          requirement has no costs for FY 2013-14, but an unknown impact 
          in the future.

          This bill would require reopening plans to be developed for each 
          park closed as well as a master reopening plan. These 
          requirements reflect the widespread hope that the park closures 
          necessitated by budget cuts are temporary. When the budget 
          allows parks to be reopened, the requirements in this bill for 
          the development of reopening plans and a master parks reopening 
          plan will be valuable and necessary. DPR estimates that the 








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          individual plans will cost between $3,000 to $5,000 each for of 
          the initial plans and approximately $1,000 to $3,000 per plan 
          for an annual update for approximately $250,000 in one-time 
          costs and $115,000 in ongoing costs. Staff notes that much of 
          the information necessary for the reopening plan has already 
          been collected as part of the closure process, but there is some 
          cost to compile the information into a plan. The master parks 
          reopening plan is more comprehensive than the individual park 
          reopening plans and therefore DPR estimates that this 
          requirement will cost approximately $1.75 million in one-time 
          costs for the initial plan. While DPR did not estimate the cost 
          of annually updating the master plan, staff believes that the 
          update will likely have similar costs to the individual plan 
          updates for an ongoing cost of $150,000.

          Staff further notes that any budget restoration to DPR may not 
          necessarily be used to reopen parks. Rather the Legislature and 
          the Administration will need to decide what portion of restored 
          funds should be spent on maintaining open parks, which still 
          have over a billion dollars in deferred maintenance despite 
          closures, and what portion should be spent on reopening parks. 
          The master reopening plan required by this bill does not reflect 
          the need for this discussion.

          Proposed Author Amendments: Limit the report regarding impacts 
          of park closures to only apply to parks proposed to for closure 
          after July 1, 2012 and reduce the information that must be 
          contained in the report, including an analysis of local economic 
          impacts; specify that DPR is not required to conduct a formal 
          economic or environmental analysis for the purpose of developing 
          a reopening plan; require that the master parks reopening plan 
          be based on reopening plans developed for individual parks.

          Committee amendments: Limit the report regarding impacts of park 
          closures to only apply to parks proposed to for closure after 
          July 1, 2012 and reduce the information that must be contained 
          in the report, including an analysis of local economic impacts; 
          require that the master parks reopening plan be based on 
          reopening plans developed for individual parks; and clarify that 
          the closure report is due one year from the park being closed to 
          public access or the ending of department support.











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